Mixed Damages And Made Whole In Iowa: Unraveling Yarn To Effectuate Recovery (Matthiesen, Wickert & Lehrer, S.C.)

Mixed Damages And Made Whole In Iowa: Unraveling Yarn To Effectuate Recovery

  Monday, January 9th, 2023 Source: Matthiesen, Wickert & Lehrer, S.C.

What you don’t know can’t help you. That is certainly the case in Iowa when plaintiff’s attorneys claim no obligation to reimburse a carrier exists based on a general assertion that the insured was not made whole.

This objection overlooks the proper application of the made-whole doctrine to specific damage types as required under Iowa Law.

This article deals with application of the made-whole doctrine under Iowa law when an insured sustains both personal injury and property damages as a result of an accident.

An insured need not be paid in full for pain and suffering and disability prior to allowing subrogation for medical expenses.

The made-whole doctrine is an equitable defense which precludes subrogation in circumstances where the insured has not been fully compensated following a loss for which insurance benefits were paid.

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